Loading chat...
NY S00318
Bill
Status
1/8/2025
Primary Sponsor
Julia Salazar
Click for details
AI Summary
-
Repeals all mandatory court surcharges and fees for criminal, vehicle and traffic, and parking violations, including DNA databank fees, crime victim assistance fees, sex offender registration fees, and probation/parole supervision fees
-
Prohibits mandatory minimum fines for all penal law and vehicle and traffic offenses, and requires courts to conduct individualized assessments of a defendant's financial ability to pay before imposing any fine
-
Eliminates incarceration as a penalty for failure to pay fines, surcharges, or fees, and automatically vacates all existing warrants and sentences of incarceration issued solely for nonpayment
-
Vacates all existing unsatisfied civil judgments and unpaid surcharges, fees, and related obligations entered against defendants for failure to pay court-imposed financial obligations
-
Prohibits collection of fines, restitution, or reparation from incarcerated individuals' funds, including work release earnings and commissary accounts
Legislative Description
Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).
Last Action
PRINT NUMBER 318A
2/2/2026